Acquired psychiatric disorder Board decisions

The Board has granted service connection for a psychiatric disability and obstructive sleep apnea, but denied service connection for colon cancer. The case is remanded to obtain a VA examination regarding the Veteran's diabetes.

The Board has granted service connection for bilateral hearing loss and tinnitus as secondary to the Veteran's service-connected bilateral hearing loss. Service connection is denied for psychiatric disability, sleep apnea, high blood pressure, left shoulder, right shoulder, left knee, and right knee.,Service connection was not established for a psychiatric disability, sleep apnea, or high blood pressure due to lack of evidence of such conditions during the pendency of the claim. Service connection is granted for bilateral hearing loss and tinnitus as secondary to service-connected bilateral hearing loss.

The Veteran's appeals for service connection for various conditions have been dismissed. The Board found no evidence of these conditions in service or within one year post-service, and the Veteran did not provide sufficient medical evidence to establish a link between his current disabilities and service.,The Veteran was also denied an increased rating for duodenitis with irritable bowel syndrome (IBS), as there is no evidence showing severe symptoms that would warrant a higher rating.

The Board has determined that the Veteran's hypertension is not secondary to a service-connected disability and is not otherwise related to an in-service event, injury, or disease.,The evidence is at least in approximate balance that the Veteran's tinnitus began during active service. The Board has therefore granted service connection for tinnitus.,The claim of service connection for an acquired psychiatric disability (including PTSD, depression, and anxiety) remains remanded due to a duty-to-assist error.

The Veteran's claim for a compensable disability rating for bilateral dry eye condition was denied as the evidence did not show any impairment of visual acuity or other visual impairment.,The appeal to reduce the acquired psychiatric disorder rating from 50% to 30% was dismissed due to it being premature.

The Veteran's acquired psychiatric disorder is rated at 70 percent, and the Board has determined that this rating is appropriate based on his symptoms not meeting the criteria for a higher rating.

The Veteran's acquired psychiatric disorder is rated at 70 percent, which is the maximum schedular rating available.,The Veteran's migraine condition is rated at 50 percent, which is the maximum schedular rating available.

The Veteran's tinnitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's acquired psychiatric disability is not etiologically related to active service.,The Board concludes that, while the Veteran may experience symptoms of anxiety or depression, the evidence of record persuasively weighs against finding that any acquired psychiatric disorder began during service or is otherwise related to an in-service injury, event, or disease. The claim for service connection for an acquired psychiatric disability is therefore denied.,The Board concludes that the claims must be remanded to correct pre-decisional duty to assist errors. Review of the claims file does not confirm that the Veteran was stationed in the Southwest Asia theater of operations during the Persian Gulf War. In this regard, the Board believes that additional efforts to determine whether the Veteran had active duty service in the Southwest Asia theater of operations during the Persian Gulf War are needed.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines, which he argues are due to toxic exposure risk activities (TERA). While the Veteran has consistently argued that he participated in TERA, this has not been verified by the RO. The Board finds it necessary to remand the Veteran's claims so that his potential TERA can be verified by the RO.,The Veteran seeks service connection for low back pain with intervertebral disc syndrome. He reports that he injured his back during a patrol in 2005 and contends that his current back disability is related to this injury. Remand is necessary to obtain the Veteran's complete military personnel records to ascertain whether his 2005 back injury happened during a period of ADT or IDT.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines. He contends that his disabilities are related to toxic exposures during service in Operation Enduring Freedom. The Veteran's October 2002 DD-214 confirms that the Veteran served in support of Operation Enduring Freedom.

The Veteran's GERD is granted an initial evaluation of 30 percent, but no higher. Service connection for an acquired psychiatric disorder to include PTSD and major depressive disorder is also granted.

The Board denied the Veteran's claims for service connection for a right eye condition and an acquired psychiatric disorder, including PTSD and depression. The decision found that there was no evidence of aggravation of pre-existing conditions during service and that the Veteran did not have a current psychiatric condition at any time during or approximate to the pendency of the claim.

The Board has remanded the claim due to a duty to assist error regarding psychiatric disorders related to service-connected disabilities. The appellant contends that the Veteran's death was caused by his military service and/or his service-connected conditions.

The Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability is denied because there was no pending increased rating claim and the lack of continuous pursuit prevents the Board from awarding an earlier effective date.

The Veteran's claim for a TDIU prior to August 23, 2018 is denied as no formal or informal claims were received by VA prior to that date.

The Veteran withdrew all outstanding appeals, including those related to the conditions listed above.

The Board has determined that the Veteran's acquired psychiatric disorder, including schizophrenia, arose during or as a result of his active military service and granted service connection for this condition.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to inadequate VA examinations, missing treatment records, and procedural errors. The claims will be returned to the RO for further development.

The Veteran's bladder cancer residuals are granted a 60 percent evaluation, and service connection for an acquired psychiatric disorder is granted. The claims of entitlement to SMC based on need for regular aid and attendance, SMC based on housebound status, and TDIU are remanded.

The Board denied the Veteran's claims for service connection for acquired psychiatric disorder, bilateral hip disability, bilateral knee disability, and bilateral foot disability due to a lack of current diagnoses or persistent/recurrent symptoms.

The Veteran's claims for service connection for hives and an acquired psychiatric disorder (personality disorder) are being remanded due to the need for VA examinations to determine the nature and etiology of these conditions.

The Veteran's attorney is not eligible for attorney fees based on past-due benefits awarded by a December 2021 rating decision because the claim was an initial new claim, not a supplemental claim. The appeal is denied.